Immigration (Biometric Information etc.) (Amendment) Regulations 2025

Lord Hanson of Flint Excerpts

Monday 17th March 2025 Grand Committee

Moved by

[Lord Hanson of Flint]

That the Grand Committee do consider the Immigration (Biometric Information etc.) (Amendment) Regulations 2025.

Relevant document: 16th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

My Lords, this legislation represents part of the Government’s ambition to use new technologies to significantly improve public services. There are four principal functions that will enable us to fulfil our commitments to transition from physical to digital documentation and to make full use of the biometric information that we collect during visa applications and at the border. If noble Lords will allow me, I shall outline what those changes are.

These regulations will allow: first, a new power at the border to enrol and retain biometric information from people arriving in the UK; secondly, for visa applications, measures to support the transition from physical biometric immigration documents to digital immigration status in the form of an eVisa for everyone who applies for a visa to come to the UK, including visitors; and, thirdly, the extension of the standard fingerprint retention period beyond 15 years for people who abscond from immigration bail and become uncontactable. Lastly, the instrument prevents abuse of the statelessness route.

I will take each of those changes in turn, starting with the changes at the border. The legislation will introduce crucial new border powers to expand the circumstances in which we can enrol biometric information from everyone at the UK border and retain it for non-British citizens. Biometric information plays a crucial role in our immigration system. It is an effective and efficient way of checking and confirming the identities of all arrivals to the UK, as well as the immigration status of foreign nationals who come into or live in the UK. This instrument will enhance current Border Force powers to refuse or cancel permission to enter the UK, and will empower officers to take robust action against non-British or non-Irish citizens who deliberately evade the requirement to provide their biometric information on arrival.

We are continually striving to improve how people cross the UK border, ensuring that we maximise passenger flow while maintaining security. We want to utilise biometric information further to trial new identity-verification and facial comparison technologies, known as contactless travel, in order both to build a border that can efficiently withstand future pressures and to ensure that our border remains secure. I know that noble Lords will share in that objective.

Contactless travel could enable a person to enter the UK without the need to routinely produce their passport at the border. Instead, we would compare the facial image of a person arriving in the UK with the biometric information that we hold from either their UK passport or their immigration application. Coupled with this, our universal permission to travel will prevent those without authorisation boarding a flight, ship or train to the UK; of course, everyone arriving in the UK will still need to travel with their passport and be prepared to present it at the border.

We are not alone in trialling new facial comparison capabilities. Other countries, such as the USA and Australia, are looking at introducing biometrically enabled automated border systems to improve passenger flow and maintain security. This instrument will ensure that we do not fall behind.

Our plan for contactless travel’s future use at the UK border is ambitious. However, as noble Lords would expect, we will take a cautious approach to the introduction of new border technology. These regulations do not commit the Government to introducing any new technology, so we can take the time to ensure that we get this system right. Our first step will be initially to test contactless travel on British citizens only, and we will move to further implementation only if this is a success. Our ambition is to start this trial by the end of this year, and we plan to announce further details shortly.

Looking now to the rollout of eVisas, the Government are pursuing an ambitious digital programme to modernise public services, including our visa system. These changes enable the UK to deliver a fair and firm immigration system that not only works in the national interest but is in line with the modern digital age. Businesses and customers alike expect a prompt and user-friendly experience in their transactions. I hope this instrument will enhance their experience by further supporting the transition from physical to online evidence of immigration status in the form of eVisas. Over time, physical and paper-based products and services will be replaced with accessible, straightforward digital products and services. Our overall aim is to ensure that people will have a secure and seamless digital journey when they interact with the UK’s immigration system. To support this, we stopped issuing biometric residence permits and cards on 1 November 2024.

Noble Lords will know that an eVisa is an online record of a person’s immigration permission in the UK and any conditions that might apply. It can be viewed by logging into the “view and prove” service using a UK Visas and Immigration account. As of 27 February 2025, more than 4 million people had created a UKVI account to access their eVisa, with a daily increase in this number as many more create accounts. Our aim is to ensure that the rollout of eVisas will improve foreign nationals’ experience of our border system, because eVisas are secure and cannot be stolen, lost, or tampered with, unlike physical documents. The fact that they can be accessed at almost any time and anywhere will give people with a valid immigration status in the UK an easy way to evidence their status and identity.

With the transition from physical cards to eVisas, the requirement for holders of physical immigration documents with settled status to apply for a replacement at least every 10 years has been eliminated. This is because an eVisa does not expire in the same way that a physical document would. This digital approach to our border and immigration system will streamline processes for people making applications or updating their details.

However, we acknowledge that a person’s personal information may change over time. In particular, facial images change as people age, so this instrument allows us to require eVisa holders to update their facial photographs at least once every 10 years. This mirrors the requirement we have for UK passports. I noticed from discussions of this that my passport is nine and a half years old now and coming to the end of its useful life, and I will have to update my passport shortly, as I would with an eVisa. It also mirrors what happens with driving licences. Having up-to-date images on eVisas will enable third parties, such as employers, to conduct their checks easily. Where an eVisa holder fails to update their photo within the required time, this instrument enables us to restrict their ability to share their status for verification. I emphasise that these sanctions will apply only to those who refuse to comply with the requirements, not those who are unable to.

We are particularly committed to preventing undue burdens on older people. We have drawn from the Windrush generation’s experiences. As older people are less likely to need to prove their immigration status in the UK, we will not require people aged over 70 to update their facial image or create a UKVI account. We will, however, encourage them to do so for their own convenience should they so wish.

Finally, we are now focusing on the change to our biometric retention approach for immigration absconders. The regulations clarify government powers to use and retain biometric information obtained from persons who abscond from immigration bail and avoid contact with the Home Office or the police beyond the standard 15-year retention period. This change will ensure that the person can be identified if they are encountered on a later occasion.

I will also briefly mention the statelessness route. This legislation closes a previous gap that enabled some people to avoid providing their biometrics. We now set out provisions that will ensure that we can capture biometric information from people who apply to stay in the UK as a stateless person. People who fail to enrol their biometrics as required without a reasonable excuse may have their application rejected or refused.

These changes are a fair and efficient way to maintain robust border control. I thank noble Lords for their attention and support in advancing these measures. This measure passed the House of Commons recently. Together, we are building a digitally driven immigration and border system that is fair and fit for the future. I beg to move.

[Lord Davies of Gower (Con)]

My Lords, I begin by acknowledging the significance of these regulations in the context of the Government’s broader efforts to modernise the immigration and border control systems. The introduction of biometric data collection, along with the transition towards a contactless border system, represents a significant step forward in ensuring the security and efficiency of our borders. Although His Majesty’s Official Opposition do not object to the instrument in principle, we believe that it is essential to scrutinise its provisions carefully to ensure that they deliver the intended outcomes.

Let us consider the impact of these measures. The regulations, as outlined, facilitate the collection of biometric data from all entry clearance applicants, with a specific requirement for facial images to be updated every 10 years. Additionally, the retention period for certain biometric data has been extended, and new sanctions have been introduced for non-compliance. The aim, of course, is to ensure that the system remains accurate, secure and consistent, and I believe it is imperative that we continue to assess how effectively these measures meet their stated objectives.

The Government’s shift towards contactless border control is a key aspect of these regulations. Through allowing biometric checks upon arrival at the UK border, the legislation seeks to streamline the border process, reduce queuing times and improve identity verification. The use of biometric data at eGates and primary control points is intended to facilitate smoother passenger flows. Although the intentions behind these measures are clear, we must consider their practical implications.

His Majesty’s Official Opposition acknowledge the necessity of biometric data retention as a key aspect of modernising border control. However, it is important to note that there are several concerns, particularly regarding the adequacy of the measures in fully realising the vision of a contactless border system, so there is particular interest in the practical challenges of implementing such a system.

Questions have been raised about whether the current data retention period and infrastructure are sufficient to handle the demands of a fully digitalised border. The increased reliance on biometric data also raises important questions about the system’s progression and effectiveness as it evolves. As we continue to expand the use of biometric information, it is crucial that the infrastructure that is in place can support the necessary technological advancements without introducing new vulnerabilities.

Additionally, there is a call for greater clarity on enforcement mechanisms. The growing importance of biometric data in identity verification processes necessitates robust compliance measures. Concerns have been raised about whether the current sanctions for non-compliance are adequate to address potential risks, such as fraudulent activity or failure to adhere to biometric requirements. These are important considerations, and it is vital that any enforcement measures are proportionate, fair and effective in securing compliance.

I have several key questions for the Minister. First, how do these measures address concerns regarding the progression of infrastructure and enforcement as biometric data becomes a central element of the border control process? Furthermore, given the move towards a fully contactless border system, how will these advancements integrate into our existing security frameworks to ensure that security, privacy and compliance are maintained? On biometric data retention, does the Minister believe that the 15-year retention period is adequate to support a robust and sustainable database that aligns with the Government’s vision for a contactless border system? Can he clarify the timeline for testing contactless travel for British citizens, including the duration and expected sample size of the trial? Additionally, what steps are being taken to integrate biometric data with other data sources to enhance security and improve efficiency at the border? How feasible is this integration within the current system?

We acknowledge the Government’s efforts to modernise and improve our border control system. The introduction of biometric data collection and the move towards contactless border control are necessary steps in ensuring that our immigration processes are secure and efficient. However, it is equally important that we consider the practical implications of these changes, particularly with regard to data retention, infrastructure, enforcement and integration. I very much look forward to hearing from the Minister on the points that I have raised.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Davies of Gower, for his contribution and broad support for the regulations. I assure him that the purpose of these regulations and the direction of travel—which, again, the previous Government supported—is to ensure, first, that we have effective border control, secondly, that we make it fit for the modern age and, thirdly, that we do so in a way that helps support the individual to maintain their privacy while having biometric information for UK and other citizens in the longer term to ensure that we can control our borders effectively.

These regulations form part of the wider commitment to harness new emerging technologies radically to improve our public services and border processes. This is part of the evolution of how we manage our border. We are bringing forward legislation today to allow us to transform existing identity verification capabilities. This will ensure that our border remains secure and will enhance our ability to identify imposters, people traffickers and others who try to undertake criminal acts at our border.

The enhanced facial recognition capability provided through these regulations will also allow us further to develop new identity verification technologies, including to trial contactless travel at the UK border. It is an ongoing process. Capturing and maintaining biometric information will support border control and the crucial investigative work of police and law enforcement agencies that keep the UK safe.

The noble Lord mentioned sanctions for non-compliance with the requirements. The changes are intended to encourage status holders to update their biographical information and facial image on their UKVI account at least once every 10 years, as I mentioned, without requiring them to make an application to replace their immigration document. That is to make it simpler and easier for individuals to ensure that their status is correct. They will be told about the steps they need to undertake to enable them to generate a share code. In most circumstances this will simply require them to upload new facial images, which should take no longer than a few minutes to complete.

The new sanction is introduced to reflect the move to eVisas. That will allow the Secretary of State to prevent the user creating a share code to enable third-party checks of their status until they comply with the requirements of the regulations. In a sense, this will put a stop to that level of potential fraud; it will also reduce the need to impose more stringent sanctions, such as civil penalties or immigration sanctions. Again, I hope that is part of the process to ensure that this system works effectively.

As I mentioned at the beginning, we are beginning to trial this system for British citizens. It will develop in due course, but I hope that I have been able to answer the noble Lord’s questions. If he has any further points, I will certainly take interventions, but if not, I commend these regulations to the Grand Committee.

Motion agreed.